Why aren't you allowed to sign online? Ask Tusk and Porowska

"I realize my function so that I will open 1 by 1 the doors to which the minister should go in order to change civilian society. I'll effort to get as many people on my side as possible. It would be wonderful for me to say in a summary of the year that we have closed the matter" – these words came from the Minister for civilian Society, Adriana Porowska at a gathering with 42 leaders of NGOs.

The Minister referred to Positions of the Working Group on dialog and ParticipationI have presented at a gathering on December 12, 2024 at the Chancellery of the Prime Minister. The issue concerns the introduction of facilitations for citizens who collect 100,000 signatures under citizens' draft laws. We have asked the Minister to take action to adopt the fresh Citizen Legislative Initiative Act by the Government, Parliament and president (I shall proceed to usage the abbreviation "OIU").

CONSTITUTION

"The legislative initiative is entitled (...) to a group of at least 100,000 citizens who have the right to elect for the Sejm" – that is Article 118 of the 1997 Polish Constitution.

According to these records, Poles and Poles can submit their draft laws in the Sejm. It is up to Members and Senators to decide whether the bill will enter into force. This is based on the presumption that citizens should be guaranteed the anticipation of individual participation in public life and legal processes. Poland is no exception. Many European countries have akin solutions, as our experts wrote in the study "Citizens decide – Citizens' Legislative Initiative as a tool for shaping civic attitudes".

On January 1, 2012, the civilian Affairs Institute launched the "Citizens decide" campaign.

For 13 years we have been calling on politicians of all political options to make it easier for Poles and Poles to talk on civilian matters, utilizing the tool of the aforementioned legislative initiative (called the folk initiative). Why do we appeal?

Digitalization in Polish

Today, citizens who want to attract politicians prepared by them with a civilian bill must collect 100,000 signatures on paper lists within 3 months. specified a collection is an utmost effort for bottom-up social initiatives that do not have party, business, trade unions or spiritual support. Anyone who collects signatures on the street in the sun, rain, and cold knows that. Most (on average 2/3) initiatives neglect to collect the required number of signatures. Problems faced by organisers of folk initiatives, We have written many times in the Week of civilian Affairs.

How can it be easier for citizens to talk on topics that affect their regular lives? Technically, it's simple.

In the 21st century Poles and Poles should have a choice. You should have a choice whether you sign a civilian bill traditionally with a pen on a part of paper or sign electronically.

At a time erstwhile the digitisation of solutions has accelerated very quickly, and the vast majority of authoritative matters can already be handled via online platforms, it is amazing that the only anticipation of signing the initiative remains by hand to sign the pen on the printed list.

You can sign electronically present European Citizens' Initiative. Unfortunately, it is impossible in Poland, due to the fact that for years parties have blocked changes.

Moreover, on June 28, 2024, he entered the Sejm "Parliament's bill to amend the bill – Electoral Code" (Print No 556), which concerns the plan of an electronic platform to support the electronic process of supporting lists of candidates and candidates selected in the general election. "In the age of digitization, virtually most public services, leaving only paper-based collection of signatures of support under the candidates' lists is an anachronistic solution," we read in the justification for the project. What does that mean? No less, no more, that parties are presently working in the Sejm on changes that will give them the right to collect signatures over the net and at the same time have not allowed citizens to sign electronically for years. Ridiculous is chasing absurdity.

Furthermore, part of the provisions of "printing No. 556" were prescribed from the draft fresh citizens' legislative initiative that we have prepared. We are pleased that the parties benefit from the cook we have developed. I'm amazed they don't point to our work.

Ready on the table

Draft fresh law a citizens' legislative initiative giving citizens the right to sign online is ready.

It was prepared by the Institute of civilian Affairs in cooperation with citizens, leaders of citizens' committees of legislative initiative, socialists, experts and legislators. First version of the project We already prepared in 2012. The second, we worked intensively and multidimensionally between 2019 and 2021, as part of the strategical Programme for investigation and improvement "Social and economical improvement of Poland in Globalised Markets" – GOSPOSTRATEG. Our partners were: University of Gdańsk – Chair of Constitutional Law and Political Institutions and University of Łódź – Center for Electoral Studies. Work on the bill was financed by the National Centre for investigation and Development.

The analysis and investigation activities preceding the preparation of the task active the best scientists in the field of participation, including: prof. Anna Rytel-WarzochaProfessor Anna Rakowska-Trela, Prof. Peter ColdProfessor Krzysztof Skotnicki, Prof. Marcin Rachwal. The compliance of the bill with legislative method was supervised by an experienced legislator, counsellor Vladimir Hare.

The task was approved by the Government Legislative Centre.

Political and social innovation

“Surely this is the desired direction”, thus commenting on the digitisation of the folk initiative Prof. Radosław Markowski. Politologist and sociologist is the author of the book Democracy and Democratic Innovation. With the explanation of practice”, published by the Civic Institute, which provides expert support to the organization of the Civic Platform of Poland.

"The Citizen Legislative Initiative primarily functions so that citizens can talk on matters that are crucial to them, and which for any reason are not taken by the legislator and acted in a “normal” mode. (...) it would be very profitable for politicians. It would be worth asking citizens from time to time what they think about the subject and thus first educate citizens on various issues and secondly change their attitude towards politics. I think that the opinion on the planet of politics and policies themselves could change importantly if citizens were more active in the lawmaking process," says Prof. Magdalena Musi-Karg past "This would pay off for politicians" published in the Week of civilian Affairs.

For many years we have heard from the rulers that “Poland needs innovationto develop." He needs business innovation. We hear small about political innovation. This innovation is the digitisation of the citizens' legislative initiative.

Why is it worth making it easier for citizens to benefit from a citizens' legislative initiative? Below the 5 most crucial reasons.

Firstly, the folk initiative encourages Poles and Poles to become more active citizens; it mobilises citizens to participate in public life; it encourages them to engage in a policy defined as a prudent concern for the common good; it is simply a space for civic self-organization; it develops the social capital of trust and cooperation. Topics undertaken by draft civilian laws are an chance to talk at home, at the workplace, at school.

Secondly, thanks to the citizens' legislative initiative, citizens' voices are heard more frequently between the elections. The People's Initiative allows citizens to scope out to politicians and public opinion with themes that decision-makers do not want to address or know nothing about.

Thanks to draft civilian laws, crucial social needs become public. Citizens do not gotta wait until the next election with a change of law. Politicians are mobilised to treat voters seriously throughout the word of office, not just months before the election. Politicians besides usage the wisdom and activity of the sovereign more often.

Thirdly, the folk initiative increases the feeling of influence in Poles and Poles. It strengthens self-esteem and weakens the feeling of powerlessness. Thanks to the OIU, the image of politicians and citizens is changing. Politicians cease to be an extraordinary and unique elite, even a caste, which has a monopoly on making decisions on matters crucial to citizens. In turn, the image of a passive, immature and incompetent citizen is replaced by the image of an active, mature and competent citizen. A citizen liable for the state.

Fourthly, the citizens' legislative initiative increases citizens' awareness of the state. And conscious citizens are harder to manipulate. any politicians and experts take care to keep the story of an incompetent citizen. The image of an immature and incapable society to make its own reasonable decisions. In turn, legislative skills will best be adopted by participating in the legislative process, due to the fact that "to learn to swim, you gotta enter the water". It is worth recalling that in the 19th and 20th centuries the argument of incompetence was utilized against political rights for women. Today, this "incompetence" has reached equality.

Fifth, the People's Initiative enables policy control. The decision-makers feel the breath of citizens on their backs erstwhile they know that citizens have a real initiative. As a result, they request to proceed dialog with the public, on planned changes, reforms or individual laws without the anticipation of referring to the banner slogan, saying: “People have chosen us and people want us to. If you don’t like it, win your elections.”

Public opinion gives voice

Minister Adriana Porowska asked me about allies of electronic signature, via the Internet. There are many. I will start with the most crucial allies – citizens, voters.

72% of Poles and Poles support the amendment of the law, introducing the signing of civilian laws over the Internet.

That's what our investigation says.

In turn, the Institute for marketplace and Social investigation IBRiS conducted nationwide investigation on behalf of the Institute for Direct Democracy in November 2023. 30% of citizens responded "yes" and 34% "more or little so" to the question: Do you think it should be possible for citizens to sign the bill online via e.g. trusted profile or electronic signature?

Our place "Citizens decide – unused shots" It has 1.8 million views.

What does the president and marshal say?

"National agreement is the highest value, so we urge the president to emergence above organization divisions before the upcoming elections and respond positively to our appeal. The amendment will confirm Mr President's words: “I want to be a citizen candidate”. It will be an example of Mr President's respect for social dialog and the desire to strengthen citizens' rights”, it a fragment of the letter I sent to the president Bronisław Komorowski March 6, 2015. Unfortunately, we did not wait for answers.

223 1000 Poles and Poles signed our petition “Citizens Decide”. On August 29, 2017, we went with her to the president Andrzej Duda. At the Presidential Palace, we met, among others, the Minister Andrzej Dera and Sophia Romaszewski. The following years are working meetings and negotiations, which resulted in a deficiency of political decisions and specifics. December 8, 2020 We sent appeal to Andrzej Duda. I met the president myself. September 30, 2021. Unfortunately, the conversation ended.

On August 29, 2017, the civilian signatures of the bill were filed in the office of the Chancellery of the president of the Republic of Poland Andrzej Duda, photograph by Piotr Skubisz

After the change of power, on December 15, 2023, we decided to interest the second head in the state. We sent a letter to the marshal. Simona Holowna. To the letter We got an answer. 12 January 2024: "The Marshal of the Polish Sejm Simon Holovnia took interest in the information about the bill on the Citizen Legislative Initiative prepared by the Institute of civilian Affairs. The Marshal respects specified initiatives, as they represent an crucial sign of public engagement for the country's fate. The conviction that each of us has a beneficial influence on shaping the surrounding reality strengthens the sense of civic responsibility. So delight send this draft bill, due to the fact that Mr Marszalek has expressed his desire to get to know it.”

We sent the project. Then we were invited to a gathering in the Sejm on 11 April 2024. At the Chancellery of the Sejm we were welcomed: Polish MP 2050 Alexander Leo, manager of the Cabinet of the talker of the Sejm, Stanisław Zakroczymski And the marshal's advisor, Dr. Bartosz Wilk. Together with prof. Anna Rytel-Warzacha we presented the past of the run "citizens decide" and the draft of the bill prepared by us. At the meeting, we heard that the subject would be presented to the marshal and we would return to the subject at the next meeting. Unfortunately, the next meeting, so far, has not happened.

What does the government say?

We wonder if our ally is the Prime Minister himself. Donald Tusk. At his law firm. The thought of voting in elections over the net is being considered. To the Prime Minister we applied OIU letter.

I'm certain the Minister of Justice supports us. Adam Bodnar, which, being the Ombudsman (2015-2021), directed May 31, 2016 General address to Prime Minister Beata Szydło, describing the problem and the request for changes to the citizens' legislative initiative citing the expert opinion of the Institute of civilian Affairs: "The proposals for amending the government on the citizens' legislative initiative besides include independent investigation centres. The Institute of civilian Affairs (INSPRO) held a debate in May 2014 entitled »Electronic legislative initiative – why the European Union functions and in Poland does not?”, while in 2015 he published a study entitled “Electronic support for citizens' initiatives«.

It is worth noting that the Minister of Education Barbara Nowacka, at the debate mentioned by Minister Bodnar, she said that the most crucial minute of the discussion was "the large compatibility of the parties with the different options for, first, the participation of citizens in democracy and, second, the introduction of the tool of an electronic legislative initiative. It is very promising that political parties want to perceive to citizens. At least that's what they say."

"Definitely it's a good step" is the Minister for Equality's reply, Catherine Kotuli to my question whether it supports the introduction of an online signature for citizens collecting 100,000 OIU signatures.

What do the Digital Ministers say?

Deputy Prime Minister and Minister of Digitisation, Krzysztof Gawkowski In theory, it should be “for”. For the last year, a squad appointed by the minister worked on Polish Digitalism Strategy. Unfortunately, it does not mention the digitisation of the citizens' legislative initiative. Even though we powerfully called for it. For example, as part of a public consultation to 287 comments received by the Ministry of Digital Affairs on the introduction of signatures online. This is the consequence of our action: “You have no right to sign civilian bill projects over the Internet. Respond!”.

"I see the hazard that there will be a request to make an appropriate platform, that there will be a request to make appropriate systems to enable citizens and citizens to sign digitally under legislative initiatives or under lists of support for candidates, candidates for the authorities elected to the Republic. But these are just risks. In my opinion, these risks can be emigrated, i.e. a strategy can be created that allows specified signatures to be collected in a seamless way" - noted the Deputy Minister of Digitalism Michael Grammar from Poland 2050.

The first Minister of Digitization besides expressed his support for the collection of 100,000 signatures Anna Strężyńska in a letter to the Ombudsman Adam Bodnar 2016: "I kindly inform you that, in the opinion of the Ministry of Digital Affairs, your initiative to guarantee the anticipation of electronic signatures, as part of a citizens' legislative initiative, is feasible and worthy of support".

Another minister of digitization, Marek Zagórski He wrote to the RPO, Adam Bodnar in 2018: "The anticipation of collecting support for civilian bill projects utilizing electronic communications and electronic signatures should be assessed as feasible. Such a decision deserves supportIt’s okay. ”

For order it is worth noting that Paweł Lewandowski, Deputy Minister for Digitalism from the Government of Law and Justice, hampered the digitisation of the citizens' legislative initiative. I will take his message from the time erstwhile the head of the Ministry of Digital Affairs was Janusz Cieszynski"In describing the complexity of the implementation of the dedicated ICT system, which would let effective collection of signatures on citizens' draft laws, 1 crucial issue should be highlighted. It is not reasonable for the Government to supply citizens with this IT solution." Let me stress, it's the deputy minister from the PiS government.

Ombudsman supports

Ombudsmen besides supported our actions.

Irena Lipovich, while acting as Ombudsman from 2010 to 2015, she addressed Prime Minister Donald Tusk with the request to introduce the anticipation of submitting signatures under civilian law by electronic means. By letter dated 5 January 2012, the Commission informed Germany that it had not taken the essential measures. reads: “I would like to kindly draw the Prime Minister's attention to considering the appropriateness of introducing electronic signatures in the framework of a citizens' legislative initiative, which is referred to in Article 118(2) of the Polish Constitution and the Act of 24 June 1999 on the implementation of a legislative initiative by citizens (Journal of Laws No 62, item 688). Of course, the conventional form of collecting signatures for the task should besides be retained in this case.

In this way, the usage of modern technologies could aid to increase civic participation in the public life of our country. At this phase in the improvement of these technologies, it seems possible to facilitate the open and electronic support of the citizens' initiative.

As a constitutional body for the protection of rights and freedoms, I see the request to discuss the introduction of specified a solution into the Polish legal system."

In turn, Dr. Jarosław Collector Adam Bodnar, associate of the Constitutional Law Group, global and European Ombudsman’s Office, stressed in 2016: “The spokesperson monitors the functioning of the right to a citizens’ legislative initiative. It undertakes investigation and analysis in this area. It pays peculiar attention to removing any barriers that citizens may encounter in the exercise of their rights. It besides seeks to support the introduction of fresh solutions that can contribute to their more effective application, as is an example of the call for citizens to sign under a citizens' legislative initiative by electronic means. It is worth noting that this concept was developed by social organisations, and the civilian Affairs Institute played a leading roleIt’s okay. ”

In turn, Prof. Marcin Wiązek, the current Ombudsman, in a letter to Prime Minister Mateusz Morawiecki, noted: “It should be stressed that the request to amend government in this area has been recognised for a long time by independent investigation centres and NGOs working on concrete proposals. It is worth mentioning here, among others, a study and a draft amendment of the Act on the civilian Legislative Initiative prepared by the Institute of civilian Affairs as part of a investigation task implemented in cooperation with the University of Gdańsk and the University of Lodz, financed by the National Centre for investigation and Development".

Machiavelli World

The iron rule that we have maintained over the years is the rule of cooperation with politicians over organization divisions. We talked to all the parties, from left to right through the center. The recipients of our activities were: Civic Platform, Law and Justice, Polish People's Party, Alliance of Democratic Left, Kukiz’15, Your Movement, Solidarna Polska, Poland Together, Modern, Spring, organization Together, Confederation of Freedom and Independence, Poland 2050.

On our long list of politicians, officials and experts with whom we spoke, among others: Peter Appeal, Robert Biedron, Krzysztof Bosak, Peter Duda, Monika Falej, Hanna Gill-Friday, Jarosław Krajewski, Paul Kukiz, Leszek Miller, Margaret Paprocka, Jarosław Sachaiko, Marek Sawicki, Iwona Szlegńska-Katrasinska, Andrzej Zybertovich.

We have held meetings, debates and conferences since 2012. We spoke, among others, during the debate "Citizens decide – democracy in coronavirus times", which we have organised in cooperation with the diary of the Republic of Poland and the debate "Citizens Decide – Time to Change"Which we conducted together with the diary of Legal Newspapers.

What we have experienced through all these years of meetings with politicians, we could compose an interesting book. A book about how politics is done. Only it would not be a polite reading under the subject "Citizen Education". More like a guidebook “Machiavelli World on the village.’ If the book was published, it should be read as part of the National Reading Action.

"People should not know how to make sausage and politics," said the Chancellor Otto von Bismarck. After 13 years of our civic campaign, I know much more about policy making than sausage making. And I became immune to fairy tales and spells about democracy, free media or the transparency of public life.

Today we're talking and convincing. What do we hear?

"We personally and as Greens support the digitisation of the Citizens' Legislative Initiative. I will definitely vote in favour of the OIU digital amendments and convince them to support them in the Civic Coalition club, whether through talks with Members and Members, the people conducting the task on behalf of the club or through public speeches" - the MP told me Margaret Trach.

Internet signature besides supports Krzysztof Kwiatkowski, Senator of the civilian Coalition, erstwhile Minister of Justice and president of the ultimate Chamber of Control.

“ We presume that there is no good state without restoring confidence: government to self-government, state to citizens. That is why we intend to present fresh forms of participatory democracy. Citizens should have greater rights than themselves to participate in elections," he said in 2021 Kazimierz Michał Ujazdowski, then Senator of the civilian CoalitionToday, a senator elected with the support of the 3rd Way.

My head's off.

In 2016, I was invited by the Law and Justice Government as an expert to the "Building civilian dialog institutions" squad to work on National civilian Society improvement Support Programme. I accepted the invitation. Even then, I thought it would be an chance to implement changes to the citizens' legislative initiative. Especially as the Law and Justice in the 2015 parliamentary run "borrowed" our slogan: "Citizens decide". What “Newsweek” wrote about, among others,.

During the meetings, I submitted our draft bill, presented strong, expertly supported arguments and ended in nothing. As in this proverb: “The turkey thought of Sunday, and on Saturday they cut off his head.” This time, I was a turkey.

It is now 2025, the 13th year of the campaign, and the minister for civilian society is Adriana Porowska. The Minister has 3 working groups., which work on: legal facilitation for NGOs; tools for activism and volunteering; solutions to strengthen participation and civilian dialogue. The minister invited me as an expert to group three. I sit next to 41 another experts and experts from NGOs.

Recently, Working Group on dialog and Participation She called on the Minister to take the function of coordinator of the legislative process of the draft fresh citizens' legislative initiative law.

"We believe that your position and public support for changes in the citizens' legislative initiative will enable the adoption of fresh legal solutions that will strengthen civilian society in Poland", states the leaders of 42 social organisations.

It is worth noting that the facilitation for citizens in the usage of the folk initiative demands both the "left" legislature of Urban Movements and the "right" Independent Local Trade Union "Solidarity".

Leaders of social organisations, beyond ideological divisions, support the digitisation of the citizens' legislative initiative. Piotr Trzewski from the ‘right’ Jagiellonian Club and Jan Zygmuntowski from the “left” Polish economical Network are “for”. The first says, “A very needed reform”, the second: “I am in favour, definitely”.

Will our voice, the voice of socialists, be heard by the government, parliament and president? Will, however, the script from the times of the Law and Justice governments be repeated and end up in paper teams and working groups and I will end up like that turkey again?

I'm not a fern.

"Let us consider how to usage this office, which we now have together. due to the fact that if I have it, we have it together. You'll most likely announcement that I have quite a few energy in me and what I can do is aid you open all those doors. We have the office of the Ministry of civilian Society, to push all these matters forward," said Minister Adriana Porowska at a gathering at the Chancellery of the Prime Minister.

Minister Porowska has had 20 years in the social sector. He besides has a strong handshake. I checked personally at the office meeting. That's a good sign.

There's a fern in the minister's office. At the end of our discussion, Porowska pointed out it and powerfully stressed: “I am not and will not be Minister of “paprotowy”.

I'll hold you to that. And I want you quite a few power: the minister and citizens, who have been patiently and consistently working for 13 years to facilitate the collection of 100,000 signatures under civilian laws.

What can you do? Today? Now?

Sign the petition to Porowska and Tusk.

Rafał Górski, at a gathering with Minister Adriana Porowska, prays for a favorable wind for the run Citizens decide